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Home > Public Service > FAQ > Application for use of national property > National property for lease, leasing by tender, le... > National non-public use real estate for lease > Q9: Can the lessee arbitrarily transfer the leaseh...
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National property for lease, leasing by tender, leasing and rent calculation of national property

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Q9: Can the lessee arbitrarily transfer the leasehold right of national land?

A9:

I. No. The lessee of the real estate leased by tender or leased directly according to Paragraph 1 of Article 42 of the National Property Act and still used based on the agreed uses shall first obtain the consent of the leasing agency before transferring the leasehold right. Violation of the aforementioned provision shall be processed as follows:

(I) The leasing agency shall notify the lessee of afforestation land that he/she shall apply for the change and renewal of the lease agreement together with the transferee within one month; if he/she fails to do this, the lease shall be terminated.

(II) The lease agreement of building improvements or building improvements together with its site shall be terminated.

(III) For lease agreements other than those mentioned in the previous two paragraphs, unless otherwise provided by law, the leasing agency shall notify the lessee that he/she shall pay the default penalty twice the amount of the monthly rental and apply for change and renewal of the lease agreement together with the transferee within one month; if they fail to do this, the lease shall be terminated. For the lease agreement on farmland and aquacultural land that The 37.5% Arable Rent Reduction Act applies to, the right to lease shall not be transferred, except because of the lessee being elderly and infirm, or household separation, or the distribution of property rights, the lease can be transferred and renewed so that the younger lineal relative by blood or a member of the household in the same household at the time the lease was signed who farms or cultivates together with the lessee may lease the land.

II. The lessee may transfer his/her leasehold right to the persons described as follows:

(I) Lease of the site: the owner after the ownership of non-national building improvements on the site has been transferred.

(II) Lease of other real estate (excluding the lessee of the lease agreement on farmland and aquacultural land that The 37.5% Arable Rent Reduction Act applies to): the user to whom the lease right is transferred to.

Release date：2020-06-22 Last updated：2022-11-21
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